Subscribe
  • News
    • Local
    • Regional
    • Business
    • Real Estate
    • Outlaw Partners
  • Arts & Entertainment
  • Opinion
  • Sports
  • Yellowstone
  • Events
Menu
  • News
    • Local
    • Regional
    • Business
    • Real Estate
    • Outlaw Partners
  • Arts & Entertainment
  • Opinion
  • Sports
  • Yellowstone
  • Events

Court overturns $2.2M judgment in YC case over ski access

in Business
Outlaw Partnersby Outlaw Partners
November 19, 2015

ASSOCIATED PRESS

HELENA (AP) – The Montana Supreme Court has overturned a $2.2 million award granted to a corporation that bought a house at the exclusive Yellowstone Club but didn’t receive the ski-out access it was promised.

Continental Partners bought land from Yellowstone Development in 2004 and built two houses. WLW Realty Partners purchased one that was under construction for $12 million. Continental said Yellowstone Development assured the house would have a ski-in and gravity ski-out access before construction was complete.

Article Inline Ad Article Inline Ad Article Inline Ad
ADVERTISEMENT

The Yellowstone Club filed for bankruptcy in November 2008 and the ski-out access was not built.

WLW filed a claim in the Yellowstone Club’s bankruptcy case for $225,000, the cost of building a towline to replace the ski-out access. The court allowed that claim.

Then WLW sued Continental Partners alleging breach of contract, negligent misrepresentation and violation of the Montana Consumer Protection Act.

District Judge Loren Tucker ruled against WLW on the breach of contract case, but in favor of WLW on the other two.

In Continental’s appeal, the Supreme Court found that to obtain a verdict in a negligent misrepresentation case it must be proven that the defendant made an untrue representation. In this case, the court said Continental was saying the ski-out access would be built in the future, and they believed that promise to be true at the time.

“Continental was prevented from enforcing its contractual right because the Yellowstone Club filed for bankruptcy protection,” the court wrote in a 5-0 ruling issued Tuesday. The events that led to the Yellowstone Club’s bankruptcy “were unknown and unknowable to Continental at the time of its representation to WLW Realty, and were completely outside of Continental’s control.”

Justices also rejected the $232,000 awarded for violating the Montana Consumer Protection Act, again because Continental believed that at the time it sold the house, the ski-out access would be built.

The court sent the case back to Tucker to enter a judgment in favor of Continental.

ADVERTISEMENT

Copyright 2015 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Outlaw Realty Outlaw Realty
ADVERTISEMENT
ADVERTISEMENT

Listen

Hoary Marmot Podcast

Joe Borden & Michele Veale Borden

Lastest Episode
See More Episodes
outlaw realty montana outlaw realty montana
ADVERTISEMENT
Outlaw Realty Big Sky Bozeman
ADVERTISEMENT

Upcoming Events

Jul 9
11:00 am - 5:00 pm Event Series

June Show at the Big Sky Artists’ Studio & Gallery

Jul 9
12:15 pm - 1:30 pm Event Series

Community Yoga

Jul 9
5:00 pm - 8:00 pm Event Series

Post 99 Honey sales

Jul 9
6:00 pm - 8:00 pm Event Series

Pickup Ultimate Frisbee

Jul 10
11:00 am - 5:00 pm Event Series

June Show at the Big Sky Artists’ Studio & Gallery

View Calendar
Event Calendar

Related Posts

Uncle Dan’s Cookies moves forward with new owner, same sweet legacy
Business

Uncle Dan’s Cookies moves forward with new owner, same sweet legacy

June 30, 2025
Making it in Big Sky: Clean Bozeman
Business

Making it in Big Sky: Clean Bozeman

June 19, 2025
Black Diamond Awards recognize Big Sky’s brightest
Business

Black Diamond Awards recognize Big Sky’s brightest

June 17, 2025
Resort tax starts appropriations
Business

Enjoying the Ride: Financial independence – what it really means, and how to get there 

June 16, 2025

An Outlaw Partners Publication

Facebook-f Instagram X-twitter Youtube

Explore Big Sky

  • About/Contact
  • Advertise
  • Publications
  • Subscriptions
  • Podcast
  • Submissions

Outlaw Brands

  • Mountain Outlaw
  • Plan Yellowstone
  • Big Sky PBR
  • Wildlands Music
  • Outlaw Partners
  • Outlaw Realty
  • Hey Bear

Copyright © 2025 Explore Big Sky | Terms of Use | Privacy Policy | Your Privacy Choices

No Result
View All Result
  • News
    • Regional
    • Business
    • Outlaw Partners
  • Yellowstone
  • Arts & Entertainment
  • Sports
  • Opinion
  • Real Estate
  • Events

©2024 Outlaw Partners, LLC. All Rights Reserved.

Explore Big Sky Logo
  • News
    • Local
    • Regional
    • Business
    • Real Estate
    • Outlaw Partners
  • Arts & Entertainment
  • Opinion
  • Sports
  • Yellowstone
  • Events
Subscribe
Facebook X-twitter Instagram Youtube